Medical Malpractice- Medical Negligence
The term medical negligence is commonly used interchangeably with the term medical malpractice. Negligence can include purposeful or unintentional action or a failure to act that leads to damage or injury. Federal and state laws protect individuals in cases of medical negligence; however, provisions vary from state to state, and therefore the assistance of a qualified personal injury attorney may be required to help prove a claim and get the compensation entitled to victims under the law.
Negligent acts can include ignoring symptoms of illness or disease, providing improper treatment, not ensuring proper sanitation of treatment areas, breaching patient-doctor confidentiality, and other wrongful acts. Successfully proving negligence by medical care providers can be a difficult task; however, winning these types of cases can be beneficial for improving the overall quality of health care by influencing policies for higher standards of care.
The most extreme cases of negligence are termed gross negligence and involve situations that even someone who is not a trained medical profession would easily recognize as malpractice. An example would be giving someone 1,000 times the required dosage of a medication, or leaving a scalpel inside a patient after sewing up an incision. In these cases, some states do not require the use of experts to establish a valid claim.
Defending Negligent Actions
In defending allegations of negligence, some medical providers attribute injuries to a patient’s actions or other causes. Common defenses include accusations that the patient:
- Failed to provide necessary information
- Failed to take corrective action to prevent further harm
- Consented to treatment while being fully aware of the risks
Determining whether the actions of a medical provider were negligent normally involves assessing whether practical judgment was used that any qualified, reasonable professional would apply in the same situation. A qualified attorney can provide sound legal advice for those who are injured as a result of medical negligence.
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